1 (1) The Council shall be a body corporate.
(2) The Council is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown.
2 The Council has power to regulate its own procedure (including power to determine its quorum).
3 (1) The Council shall consist of at least 10, but not more than 20, members.
(2) In this Schedule “member”, except in sub-paragraph (5)(b), means a member of the Council.
(3) Each member shall be appointed by the Secretary of State.
(4) The Secretary of State shall appoint one member to be chairman of the Council and another member to be its deputy chairman.
(5) The members shall be appointed from among persons who, in the opinion of the Secretary of State—
(a) have knowledge or experience of the needs of disabled persons or the needs of a particular group, or particular groups, of disabled persons;
(b) have knowledge or experience of the needs of persons who have had a disability or the needs of a particular group, or particular groups, of such persons; or
(c) are members of, or otherwise represent, professional bodies or bodies which represent industry or other business interests.
(6) Before appointing any member, the Secretary of State shall consult such persons as he considers appropriate.
(7) In exercising his powers of appointment, the Secretary of State shall try to secure that at all times at least half the membership of the Council consists of disabled persons, persons who have had a disability or the parents or guardians of disabled persons.
4 (1) Each member shall be appointed for a term which does not exceed five years but shall otherwise hold and vacate his office in accordance with the terms of his appointment.
(2) A person shall not be prevented from being appointed as a member merely because he has previously been a member.
(3) Any member may at any time resign his office by written notice given to the Secretary of State.
(4) Regulations may make provision for the Secretary of State to remove a member from his office in such circumstances as may be prescribed.
5 (1) The Secretary of State may pay such remuneration or expenses to any member as he considers appropriate.
(2) The approval of the Treasury is required for any payment made under this paragraph.
6 The Secretary of State shall provide the Council with such staff as he considers appropriate.
7 The Secretary of State may by regulations make provision—
(a) as to the provision of information to the Council by the Secretary of State;
(b) as to the commissioning by the Secretary of State of research to be undertaken on behalf of the Council;
(c) as to the circumstances in which and conditions subject to which the Council may appoint any person as an adviser;
(d) as to the payment by the Secretary of State, with the approval of the Treasury, of expenses incurred by the Council.
8 (1) As soon as is practicable after the end of each financial year, the Council shall report to the Secretary of State on its activities during the financial year to which the report relates.
(2) The Secretary of State shall lay a copy of every annual report of the Council before each House of Parliament and shall arrange for such further publication of the report as he considers appropriate.
1 In section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women in exercising certain powers in respect of disabled persons)—
(a) for “persons registered as handicapped by disablement” substitute “disabled persons”; and
(b) for the words after ““disabled person”” substitute “has the same meaning as in the Disability Discrimination Act 1995.”
2 In section 136(1) of the Employment Protection (Consolidation) Act 1978 (appeals to Employment Appeal Tribunal), at the end insert—
“(ff) the Disability Discrimination Act 1995.”
3 In paragraph 20 of Schedule 13 to that Act (reinstatement or re-engagement of dismissed employees), in sub-paragraph (3)—
(a) in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert “or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal”;
(b) in the definition of “relevant conciliation powers”, omit “or” and at the end insert “or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995”; and
(c) in the definition of “relevant compromise contract” for “or section” substitute “section” and at the end insert “or section 9(2) of the Disability Discrimination Act 1995”.
4 In paragraph 9 of Schedule 7 to the Companies Act 1985 (disclosure in directors' report of company policy in relation to disabled persons), in the definition of “disabled person” in sub-paragraph (4)(b), for “Disabled Persons (Employment) Act 1944” substitute “Disability Discrimination Act 1995”.
5 In section 7 of the Local Government and Housing Act 1989 (all staff of a local authority etc. to be appointed on merit), in subsection (2)—
(a) paragraph (a) shall be omitted;
(b) the word “and” at the end of paragraph (d) shall be omitted; and
(c) after paragraph (e) insert— “; and
(f) sections 5 and 6 of the Disability Discrimination Act 1995 (meaning of discrimination and duty to make adjustments).”
6 In section 16 of the Enterprise and New Towns (Scotland) Act 1990 (duty of certain Scottish bodies to give preference to ex-service men and women in exercising powers to select disabled persons for training), in subsection (2), for “said Act of 1944” substitute “Disability Discrimination Act 1995”.